A FWC full bench has reinforced that a member did not expressly condemn using medicinal marijuana for pain management in a safety-critical role because it was not relevant to considering whether a council harshly sacked a worker who switched prescriptions to one containing THC.
The FWC has ruled that Coles unlawfully calculated long service leave payments based on a seven-day rather than five-day week, while acknowledging there is "room for debate" on the meaning of an "ordinary working day", particularly for workers with variable rosters.
A government agency has been scolded for failing to pay travel allowances after admitting that it slipped its notice that the claims had been processed manually by two firefighters, one of whom retired while the other went on extended leave.
The FWC has ordered former IR Minister and Opposition Leader Bill Shorten's alma mater Xavier College to pay a teacher $14,000 for his unfair dismissal, ruling it harsh because he had never held another job and his messy desk, late marking and poor interactions with his colleagues did not justify his axing after 21 years of service.
In a significant decision the ETU describes as "deeply troubling", the Federal Court has found full-time agreement-covered FIFO electricians working on a Fortescue mine project do not accrue paid leave during their monthly "rest and recreation" off-swing.
The Australian Tax Office has failed to win a transfer to the Federal Court of a deputy commissioner's adverse action claim against it and senior executives including its chief people officer, after his sacking for underperformance.
In a decision illustrating the challenges of conducting cases involving remote Indigenous employers, the FWC has awarded $18,000 to a sacked chief executive after failing to engage the respondent in proceedings despite 14 phone calls, numerous emails and five notices sent by express post.
In a shot in the arm for a paramedic transferred 350km away after an investigator found he bullied a female colleague, a full bench has ruled that bullying falls within a "spectrum of seriousness" and ordered the redetermination of whether he engaged in serious misconduct.
A senior FWC member has praised a "removed" former CFMEU construction division leader for answering national secretary Zach Smith's call to come out of retirement to take up a training role, granting him a certificate allowing him to return to work.
The FWC has found a cash-in-hand nanny an employee eligible to pursue an adverse action claim, finding that she did not have her own business and the parents of the children she cared for exerted a high degree of control over her work.
